Punishing Janay Rice
In February, then-NFL running back Ray Rice assaulted his then-fiancée Janay Palmer. His conduct was inexcusable, and the response by law enforcement and the NFL was tepid. Mr. Rice was initially suspended for two games, and, although he was prosecuted, he escaped serious punishment by entering a diversion program. More information has slowly come to light, and public opinion has turned against...
Read MoreShould rapists have parental rights?
I just saw this article from the Courthouse News Service about the ugly fallout of the rape, and resulting pregnancy, of a 14-year-old girl. The 20-year-old rapist has been convicted and placed on probation for 16 years. He has also been ordered to admit paternity and to initiate proceedings in family court, apparently to set child support and maybe even visitation. The victim brought suit,...
Read MoreDrug-crime convictions carry harsh consequences for a long time.
For stuff people aren’t supposed to have (what cops and lawyers call “contraband”: such as drugs, guns, and cigarettes without federal tax stamps), it’s worse to deliver something than just to possess it, because delivering something includes at least one more person and may lead to conspiracies, criminal networks, and the kind of tax-evasion that got Al Capone convicted. Possessing...
Read MoreSometimes a Conviction is Better than a Dismissal
On occasion, a defendant is better off with an actual conviction than with a dismissal resulting from diversion, community court, or another sort of delayed adjudication, because appeals and post-conviction relief are only possible in the case of a genuine conviction, but a dismissal can count as a conviction in immigration court and for some anti- recidivist statutes. Consider the following two...
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